How are Divorce, Legal Separation, and Annulment Different in Illinois?

DuPage County Family Law Attorneys Help Explain Separation Options

When you are examining various methods of separation between you and your spouse, it is important to know the differences between your options. Before acting, it is important that you speak to an experienced attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can help you navigate which route is best for your situation.

Divorce

A divorce is a complete dissolution of a marriage which leads to what is called a judgment for "dissolution of marriage." This process addresses all of the issues between former spouses such as parenting time for any children you may have, other parental responsibilities, who will be paying child support, distribution of any debts or assets you two share together, and if one of you will have to pay maintenance to your spouse.

Legal Separation

The main difference between divorce and legal separation is that a separation does not dissolve the marriage. In order to perform a legal separation, you and your spouse must be living apart from one another. You and your spouse can fill out a legal separation agreement to determine the allocation of certain parental duties or payments such as child support or maintenance. Property cannot be divided unless you and your spouse have agreed.

Annulment

As for an annulment, it is actually a religious term that is not recognized under Illinois law. You may seek what is known as an "invalidity of marriage," which is a lack of consent due to mental incapacity, being under the influence of drugs and/or alcohol, underage, or physical unable to consummate the marriage.

Contact Our Wheaton IL Lawyers

At Mirabella, Kincaid, Frederick & Mirabella, LLC, we have have been proceeding over family law and divorce cases since 1949. If you live in the DuPage County, Kendall County, or Kane County, contact us to set up an initial consultation for any questions you may have. You can reach our Wheaton, Illinois, office at 630-665-7300 for more information.